Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1887-03-18

CohslutI hcI reputation ohu' Noui" ""p
believe her on oath.
Do you know Charles Ward do. Do
you consider him bad boy ? Defense
objected to question: Question argued.
Court ruled the question out not adj
missible.
ROBT. sNAPP.
Robt Suapp was sworn and testified ~
follows: Live at Red Banks half a mile
from "Cat Hollow. know Mrs. Kava-
naugh's character TO be bad. would
not believe her on oath.
GEN. j. II. WILLIAMS.
Gen. Williams was sworn and testified
a. follows: | made measurement of the
kitchen door, made it with two-foot rule
Actual width at places, just two feet, at
one place an inch less.
Court adjourned until o'clock.
FRIDAY AFTERNOON.
Court convened at ID o'clock. There
being no more witnesses To examine,
MR.. WALKER, ATTORNEY FOR THE
COMMONWEALTH,
made his opening speech Of which we
give the following summary:
May II please the colH and gentlemen
of the inn We have cause to con-
graduate ourselves that we have made
the progress that we have. Both the
counsel for the defense and for the prose-
cution, after four days Of hard labor,
have about concluded our duty, yours,
gentlemen Of the jury, has just com
menced. | come representing that so
ciety that God has ordained. TO pro-
tect human society human laws have
been made. Crimes must be punished
that the ends Of justice may be preserv-
ed. | represent the human a. well as
the divine law. for the Bible says that
whosoever shedcth mans blood by man
shall his blood be she'd. The law Of
God says an eye for an eye, a tooth for a
tooth, and that he who killcth shall
surely be put to death. come to prose-
cute no MANTLE Commonwealth OF
Virginia wants not the blood OF her
sons. she oily desires that justice may De
done. You, gentlemen OF the jury, must
Judge OF both the law and the evidence
i'm this case. Has crime been COM
mittcd? Has the blood OF any man been
shed? Has. by the pulling OF the trigger
and the report OF gun, held In the
hands Of this boy, ushered "A soul into
eternity? Gentlemen Of the jury, you
must not take this boys age into CON
sidcration, boys rs young as II years
have been convicted according to the
reports Of your law books. Did he take
anything into consideration Didh not
have opportunity for reflection while
passing from the upper to the lower
house? Was any pity taken into CON
sideratiOn when Jewell was shot: No.
He was ushcrcd into the presence OF his
God with all Of his crimes and imper-
fcctions on his head, no opportunity
given him to make his calling and elec-
ton sure, and how his audit stands no
one knows save Heaven. Charles W ara
IS asleep. is awakened by the noise OF an
alteration, gets up, goes distance oil
twenty-five feet, into one room and then
another, picks up a gun, orders JeWcll
off, then a gun shot Is heard and Jewell
is no more. Has there been any malice
i'm this ease ? Charles Ward has said he
has not spoken to Jewell for some weeks.
While Pat was away Charles and Jewell
had been friends, but upon Pats return,
in a short time they do not speak and
the death OF Jewell at the hands OF
Ward Is the result. Mrs. kayanaugl
applied the cpethet OF S. OF b
10 Jewell. Where does the idea OF sell
defence come in; II the axe was sitting
in the position they claim ii was wonlo
the blood not have flowed down over II
I'm foodg This axe has been doctored-
the blood was smearcd on il. The axe
was put there to protect the boy by IN,
idea Of scli-deiense. Samuel Jewell
never had this axe at the time ot the
murder.
MR. NJ. l.. WALTON,
then appeared for the defence rs iol
/ lows
Nav II pIease tie cont AMI gentlemen o
The inn II Jewell had not gone int
Kavanaugh's yard with his axe he woul'
be- living to-day. He followed kavah
augh-hc actually pursued him WIN ln'
axe. Pat armed himself with paling II
sclf-dcfencc. This boy was in bed, III
heard the noise, -the curses on the hea'
Of hi, mother DO you think he shoul'
have remained i'm bed: 1t was his dut.
TO interpose in the difficulty between
this man and his mother and step-iather
He should have interferrcd, even amonl
strangers, to stop fclonious homicide
The boy comes out without even poch
ct knife. Jewell had mischief ami MAJ
ice I'm his heart towards this boy, am
calls him n d little puppy. Charh'
orders Jewell ont. who. not only refuse
To 20. but pursues him with an axe. IN
hoy seizes the gun. Jewell still refuse
to 90. and the boy scing that HI, mother
his own flesh and blood. a well as him
selfis i'm danger, he warns him of tnre
different times gently, bat posltlYeiy
but even then. when JEWELS axe Is NJ
lifted. his mother pushes the gun dow
IN nrotect this man. The axe was raise
and about to fall when the gun explode
and this man is dead. 1t is plain cas-
Of sclf-defcncc.
After commenting fully upon the eV
dcnce Mr.. Walton said: How can the
prove that this boy, with his plea'aI
lace. can be the reprobatc, the desperi
do. who can 10 nothing but shed huma
blood. We do not try to prove an allD
We don't pretend that tins gun wa, III
charged accidentally, although lhey nav
tried to prove that one of our witness,
said so at first. This would have mao
our case all the stronger.
| ttrTTTTAMG
Gen. Jas. II. Williams, for the d.
Tense, said: 1
Nav Il please your honor and gcnttem'
offhe jury Il am not here to speak
moral or Divine law-to play the roe
priest and preacher. am here to speoa
squarely TO you. The prosecution III
rome way back into the shadowy age
when they say that the law was given
Moses on the tablets OF stone on Moul
Sinai. That was the Jewish law. I'M
grand law had in it all that shall clail
here. Are we bound TO try cases
} speeches instead of evidence. Is u
Commonwealth TO impeach its own WI
ncsses. A jury must no more comm
murder than any one else. What a
| YOU, gentlemen VI AhN JUL ~ -,
The Commonwealth says ward kill'
Jewell willfully, maliciously ana WI
malice aforethought. But the law stel
in there to protect life and liberty III
saws YOU must prove it. 1t is a graz
and beautiful provision. The law sa,
he is innocent. He stands before you
, innocent as any man in this court roo
, or elsewhere. The Commonwealth mu
proove that he is guilty beyond all pos,
BILE doubt. The law books say that u
guilt must be proved beyond all reaso
able doubt. This is criminal case.
p God knows am sorry that it Is, and "
1 must prove it beyond all reasonab
!. doubts. That is the law and no man W
gainsay it. You, gentlemen OF the lur
must be satisfied fully. The proof mt
be full to the brim. Now, as to TINS az
how did 1t get here? We didn't bril-
1t. The Commonwealth brought It
T and now would reDudiate it. The Coz